Protection of Personal Information Archives

Access to information ordered: Section 78(2)(d)(i) of PAIA

by GilesFiles | May 16, 2022 | 2020 +, Access to information, Applications, Awarded, Causes of action, Courts, Declaratory, Evidence and onus, Exceptions/special pleas, High Court, High Court judges, Interpretation and application, Judges, Jurisdiction and powers, Legal Practice, Legislation, Orders, Orders re costs, Parties, Personal services, Private enterprises, Protection of Personal Information, Sectors, Special pleas, Specific performance, Statutory, Topics | 0 |

Goosen-Joubert v Women4Women NPC Why was access to information ordered by the high court and what were the reasons for making that order? “[73] In my view, the applicant has made out a proper case that entitles her to the...

Protected disclosures considered: Automatically unfair

by GilesFiles | Mar 28, 2022 | 2020 +, Acting LC judges, Applications, Automatically unfair - s187, Awarded, Bill of Rights, Causes of action, Courts, Declaratory, Dignity equality freedom, Dispute Resolution (LRL 3), Evidence and onus, Finance, Interpretation and application, Invalid or unfair reason, Judges, Jurisdiction and powers, Just and equitable relief, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, occupational detriment, Orders, Orders re costs, Parties, Private enterprises, protected disclosure, Protection of Personal Information, Rules, Sean Snyman, Sectors, Statutes (LRL 2) - work law, Statutory, Termination & dismissal (LRL 8), Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Unprotected personal information: Expression and privacy

by GilesFiles | Jan 10, 2022 | 2020 +, Allowed, appeal, Appeals, Bill of Rights, Causes of action, Courts, Delict, Dignity equality freedom, Evidence and onus, Exceptions/special pleas, Holistic evaluation, Interpretation and application, Judges, Legal Practice, Orders, Orders re costs, Parties, Personal services, Private enterprises, Protection of Personal Information, Roman Dutch law principles, SCA judges, Sectors, Special pleas, Supreme Court of Appeal, Topics | 0 |

Smuts v Botha The issue concerned unprotected personal information and SCA allowed the appeal and decided that personal information was in the public domain before the posts were published and ownership of the farm was a matter...

Disclosing taxpayer information: Balancing conflicting interests

by GilesFiles | Nov 16, 2021 | 2020 +, Access to information, Applications, Bill of Rights, Central, Common law review, Courts, Declaratory, Exceptions/special pleas, Government, High Court, High Court judges, Interpretation and application, Judges, Jurisdiction and powers, Legal Practice, Legality principle, Legislation, Orders, Orders re costs, Organs of state, PAJA 2000, Parties, Protection of Personal Information, Review tests, Sectors, Special pleas, Specific performance, Topics | 0 |

Arena Holdings (Pty) Ltd v SARS (Jacob Zuma) High court dealt with a dispute concerning disclosing taxpayer information and ordered SARS to disclose the tax returns of the former president for the 2010 to 2018 tax years after...

Class action certified: Coupled with interim relief

by GilesFiles | Jul 21, 2021 | Applications, Causes of action, Courts, Declaratory, Evidence and onus, Granted, High Court, High Court judges, Interdicts and rule nisi, Judges, Legal Practice, Legislation, Orders, Protection of Personal Information, Rule nisi, Rules, Topics | 0 |

Stellenbosch University Law Clinic v Lifestyle Direct Group International (Pty) Ltd Class action certified by high court after recalling the history and development of the concept in theory and practice both in the USA and South...

Privacy rights confirmed: Surveillance and interception?

by GilesFiles | Feb 4, 2021 | 2020 +, 2020 +, Access to information, Appeals, Bill of Rights, Bill of Rights, Causes of action, ConCourt judges, Constitutional Court, Courts, Dignity equality freedom, Interpretation and application, Judges, Jurisdiction and powers, Landmark judgments, Legal Practice, Legal practitioners, Legislation, M Madlanga, Parties, Protection of Personal Information, Topics | 0 |

AmaBhungane CIJ NPC v Minister of Justice and Correctional Services Privacy rights confirmed by constitutional court and pointed out that state agencies are empowered to “gather, correlate, evaluate and analyse” intelligence and...

Promoting information access: Partner seeking record

by GilesFiles | Feb 3, 2021 | 2020 +, Access to information, Applications, Causes of action, Courts, Declaratory, Evidence and onus, High Court, High Court judges, Interpretation and application, Judges, Jurisdiction and powers, Legal Practice, Legislation, Orders, Protection of Personal Information, Specific performance, Statutory, Topics | 0 |

H v H Applicant admitted that the respondents’ duty to provide the record depends on “establishing” a partnership but the high court decided that the parties had misunderstood the legal position because when promoting...

Alleged corruption discovery: PAIA confidential and sensitive

by GilesFiles | Jan 8, 2021 | 2020 +, Access to information, Applications, Courts, Declaratory, Evidence and onus, Evidentiary burden, High Court, High Court judges, Judges, Jurisdiction and powers, Legal Practice, Legislation, Orders, Parties, Personal services, Protection of Personal Information, Sectors, Topics, Universities and schools | 0 |

Panday v University of KwaZulu-Natal Applicant was characterised as a ‘busybody’ seeking information of alleged corruption but the high court decided that he was entitled to bring the application to vindicate his rights of...

Accessing preserved evidence: Instituting legal proceedings

by GilesFiles | Oct 16, 2020 | 2020 +, Access to information, Anton Piller, Applications, Causes of action, Courts, Declaratory, Evidence and onus, Finance, General, Granted, High Court, High Court judges, Interdicts and rule nisi, Judges, Jurisdiction and powers, Just and equitable relief, Legal Practice, New evidence, Orders, Parties, Personal services, Private enterprises, Protection of Personal Information, Rules, Sectors, Topics, Uniform High Court | 0 |

Cell C Ltd v MA Accessing preserved evidence allows a former employer to obtain the necessary evidence and proof to institute legal action against former employees who colluded in causing substantial prejudice to the employer...

Good faith principle: Informed understanding of rights

by GilesFiles | Sep 29, 2020 | 2020 +, appeal, Appeals, Bill of Rights, Causes of action, Construction industry, Courts, Declaratory, Disallowed, DN Unterhalter, General, Interpretation and application, Judges, Labour Relations, Legal Practice, Orders, Parties, Private enterprises, Protection of Personal Information, SCA judges, Sectors, Statutes (LRL 2) - work law, Supreme Court of Appeal, Termination & dismissal (LRL 8), Topics, Trust and confidence | 0 |

Mitsubishi Hitachi Power Systems Africa (Pty) Ltd v Murray and Roberts Ltd Good faith principle enforced and refusal to disclose fails to accord with requirements of good faith, cooperation and trust because it would leave...

Subpoena duces tecum: Derived from LRA s142(1)(b)

by GilesFiles | Jul 15, 2020 | 2020 +, Acting LAC judges, appeal, Appeals, Bargaining councils, Courts, Declaratory, Disallowed, Dispute Resolution (LRL 3), Evidence and onus, Exceptions/special pleas, Judges, Kate Savage, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Objective or correct, Orders, Parties, Protection of Personal Information, Review tests, Rules, Sectors, Special pleas, Statutes (LRL 2) - work law, Topics, Totality | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Recruitment protected disclosure: Automatically unfair dismissal

by GilesFiles | May 18, 2020 | 2020 +, Acting LAC judges, Automatically unfair - s187, Bill of Rights, Central, Courts, Dispute Resolution (LRL 3), John Murphy, Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, occupational detriment, Parties, protected disclosure, Protection of Personal Information, Sectors, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Whistleblowing | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Category: Protection of Personal Information